Age Discrimination Claim Valid Despite Waiver, Court Says

Most employers realize that age is not a legal – or valid – reason to terminate an employee. That doesn’t stop some companies from trying to circumvent the federal Age Discrimination in Employment Act (ADEA) by asking terminated employees to sign waivers that promise never to sue for age discrimination. That’s what happened to Robert Fisk, an underground miner for Colorado’s Mountain Coal Co. Laying off Fisk, an eight-year employee, in 2009, MCC required him to sign a waiver to …

At Last, Age Bias Case From 2001 Moves Forward

Suppose you believe that your employer has discriminated against you because of your age. After thinking it over, perhaps you decide to sue. You file your claim. And then you wait. And wait. And wait. People who seek redress through the justice system in this country often come up against a difficult reality: The courts are overloaded. Claims move slowly. Cases drag on for years. Such is the case for a lawsuit brought by AARP Foundation Litigation against Allstate Insurance …

Fighting Health Care Fraud: The Power of One

Can a single federal prosecutor make much of a difference in the war against health care fraud? Yes, a new analysis of Justice Department statistics suggests. And the stakes are enormous: Fraud is thought to cost the Medicare program alone up to $90 billion each year. The analysis – from the Transactional Records Access Clearinghouse (TRAC), a nonprofit group based at Syracuse University – shows that federal prosecutors filed a record number of new health care fraud cases in fiscal …

The Takeaway: Seniors Get Unwanted Surgeries; Employees Sue Over 401(k) Losses

A new study published in the British medical journal Lancet says a host of factors, such as Medicare reimbursement, location and the availability of hospital beds, weigh more heavily on a doctor’s decision to operate than a patient’s needs, wants or whether surgery will improve their quality of life. And a growing number of 401(k) plan participants are bringing lawsuits against their employers (who administer the plans) for allowing poorly-performing and/or overly-expensive funds into their retirement portfolios.